Wrongful Termination

"One of my coworkers at my old job nearly lost a finger using a machine that needs repairing. I let my supervisor know about the dangerous equipment, but the company kept putting off the repair. Finally, I said I wouldn't operate the machine until they fixed it, and I got fired for refusing to work. What are my rights?" - sample issue

Wrongful termination refers to any non-voluntary termination for an improper reason – and there are many improper reasons. In MA, these include discrimination based upon race, color, religion, national origin, sex, sexual orientation, genetic information, ancestry, age, disability, pregnancy or handicap. These also include breach of contract and breach of an implied covenant of good faith and fair dealing, to avoid paying a benefit.

State and federal laws further protect workers from termination in retaliation for whistle-blowing or for making legal claims against the employer. Workers are also protected from being fired for making complaints about workplace safety, for refusing to work in unsafe conditions or for joining with other employees to improve wages or working conditions. Employees are also protected against termination by public policy issues. The following reasons for termination would likely be deemed to violate public policy:

• Refusal to commit an illegal act on behalf of the employer, such as perjury.
• Fulfulling jury service obligations.
• Cooperating with law enforcement.
• Complaining about or reporting illegal conduct of the employer.

If you feel you have been wrongfully terminated, contact us today.

This information is not a do-it-yourself guide to resolving employment disputes or handling employment litigation. While some may find this useful for understanding the basic issues and their legal context, it is NOT a substitute for experienced legal counsel and does not provide legal advice. Please contact the experts at Gordon Law to discuss your specific case.